Income Tax Appellate Tribunal - Chennai
Dcit, Coimbatore vs M/S. Paragon Steels Pvt. Ltd., ... on 3 March, 2017
आयकर अपील य अ धकरण, 'डी' यायपीठ, चे नई
IN THE INCOME TAX APPELLATE TRIBUNAL
"D" BENCH, CHENNAI
ी एन.आर.एस. गणेशन, या यक सद य एवं
ी ए. मोहन अलंकामणी,लेखा सद य केसम&
BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND
SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER
'व'वध या चका सं / M.P. No.214/Mds/2016
(in I.T.A. No.887/Mds/2015)
नधा(रण वष( / Assessment Year : 2008-09
The Deputy Commissioner of Income M/s Paragon Steels Pvt. Ltd.,
Tax, v. 104, Race Course Road,
Corporate Circle - 1, Coimbatore - 641 018.
63-A, Race Course Road,
Coimbatore. PAN : AABCP 3039 J
(+ाथ(क/Petitioner) (+-यथ./Respondent)
+ाथ(क क0 ओर से /Petitioner by : Sh.R. Clement Ramesh Kumar, Addl.CIT
+-यथ. क0 ओर से/Respondent by : None
सन
ु वाई क0 तार ख/Date of Hearing : 03.03.2017
घोषणा क0 तार ख/Date of Pronouncement : 03.03.2017
आदे श /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
The Revenue has filed the present Miscellaneous Petition on the ground that the Circular No.21/2015 of CBDT is not applicable to the appeal of the Revenue.
2. Shri R. Clement Ramesh Kumar, the Ld. Departmental Representative, submitted that this Tribunal dismissed the appeal 2 M.P. No.214/Mds/16 on the ground that tax effect involved is less than `10 lakhs. Admittedly, the tax effect involved in this appeal was `6,13,140/-. However, the assessment itself was reopened on the basis of audit objection. In view of the audit objection, according to the Ld. D.R., the Assessing Officer has disallowed the expenditure of `8,96,000/- said to be paid to Cochin Port Trust, for non-deduction of tax. Therefore, according to the Ld. D.R., the Circular No.21 of 2015 is not applicable to the present appeal.
3. No one appeared for the assessee inspite of issue of notice.
4. On perusal of material, it appears the Assessing Officer reopened the assessment under Section 147 of the Income-tax Act, 1961 (in short 'the Act') on the basis of audit objection and disallowed an expenditure of `8,96,000/- being the sum paid to Cochin Port Trust towards port charges. Admittedly, the appeal was not filed on the basis of audit objection. The assessment was reopened on the basis of audit objection. On perusal of the approval granted by the Principal Commissioner of Income Tax under Rule 15 of Appellate Tribunal Rules, 1963, it appears that the appeal was filed in the regular course and not on the basis of audit objection. Therefore, it is obvious that para 8 of Circular No.21 of 3 M.P. No.214/Mds/16 2015 issued by CBDT is not applicable. Hence, the Miscellaneous Petition filed by the Revenue has no merit at all.
5. In the result, the Miscellaneous Petition filed by the Revenue stands dismissed.
Order pronounced court on 3rd March, 2017 at Chennai.
sd/- sd/-
(ए. मोहन अलंकामणी) (एन.आर.एस. गणेशन)
(A. Mohan Alankamony) (N.R.S. Ganesan)
लेखा सद य/Accountant Member या यक सद य/Judicial Member
चे नई/Chennai,
rd
6दनांक/Dated, the 3 March, 2017.
Kri.
आदे श क0 + त7ल'प अ8े'षत/Copy to:
1. +ाथ(क/Petitioner
2. +-यथ./Respondent
3. आयकर आय9
ु त (अपील)/CIT(A)
4. आयकर आय9
ु त/CIT
5. 'वभागीय + त न ध/DR
6. गाड( फाईल/GF.